Can a defendant exclude evidence that is prejudicial to the codefendant under section 352 of the Evidence Code?
California, United States of America
The following excerpt is from People v. Ainsworth, 248 Cal.Rptr. 568, 45 Cal.3d 984, 755 P.2d 1017 (Cal. 1988):
10 The parties do not dispute the applicability of Evidence Code section 352 to exclude evidence proffered by a defendant as unduly prejudicial to a codefendant. The section is not limited by its terms to disputes by opposing parties; it may become applicable to parties on the same side of an action when their interests are adverse to each other. (People v. Reeder (1978) 82 Cal.App.3d 543, 147 Cal.Rptr. 275.)
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